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Texas Criminal Law Questions & Answers
1 Answer | Asked in Criminal Law and Civil Rights for Texas on
Q: Can a police officer get away with a wrongful arrest. Violate an innocent motorist rights

Search his passenger, him and my car without consent. After information given, still be arrested and sent to jail. The stop was for my son or another car honking his horn . The officer said that was road rage, even if he knew the guy in the other car. My son was four years into his five year... View More

James L. Arrasmith
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answered on Mar 31, 2024

I understand how distressing this situation must be for you and your family. In cases of wrongful arrest and the violation of rights, the path forward can indeed be challenging and fraught with legal complexities. It's crucial to address these injustices, and seeking legal assistance is a key... View More

1 Answer | Asked in Criminal Law for Texas on
Q: Narcissist attacking me and I have proof can I get a free counseltaion. I have proof.

A few days ago someone approached a DM of one of my social media accounts and said they knew for a very long time my people were being weird and have screenshots. They sent these to me and I'm concerned and scared. My sister has been drone stalking, cyber stalking, making a false reports under... View More

John Michael Frick
John Michael Frick
answered on Mar 28, 2024

It is highly unlikely an attorney will provide a free consultation based on the facts you describe.

Filing a false report under a false name with CPS is a crime. Stalking is a crime. They should be reported to law enforcement for investigation and prosecution, especially if you have proof...
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1 Answer | Asked in Criminal Law for Texas on
Q: Who is the client, if you hire, pay and sign agreement for another person in Texas?

After hiring, paying, signing agreement, sharing information with the attorney for a WRIT investigation for my brother 30 year old conviction,the attorney is now saying my brother is the client and can not share anything with me? She emailed me her opinion on the case prior to sending my brother... View More

John Michael Frick
John Michael Frick
answered on Mar 26, 2024

The client is the person or entity on whose behalf a lawyer is providing legal services regardless of who is paying for the service. For example, if an insurance company hires a lawyer to defend a policyholder in a lawsuit brought by a plaintiff, the policyholder--not the insurance company--is the... View More

2 Answers | Asked in Criminal Law for Texas on
Q: A detective has left me a voicemail twice now asking me to call him. Should I return his call or have an attorney do it?

I am on probation currently. I have not had any contact with law enforcement and have not committed any new offenses of which I am aware. So it perplexes me why a detective is calling me. I know not to talk to police under any circumstances other than to invoke my 5th Amendment rights. I cannot... View More

John Cucci Jr.
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answered on Mar 24, 2024

I would not have you call back until you see an attorney. In my office, we have the client come in for an appointment and call the Detective on the spot, to understand what the issue is or was. It saves you and the attorney time, energy, and protects you from an ambush by police. Usually, the DET... View More

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Q: What type of attorney do I need to file law suits on those who illegally and knowingly let another assume my nok rights

I want to make the parties involved accountable for the pain and suffering im living day to day after my sons death. I spoke to all parties..i signed release of body for cremation yet they let another person step in and

assume my role. They then told all parties not to speak to me or... View More

James L. Arrasmith
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answered on Mar 24, 2024

In a situation like yours, where you're dealing with issues around next of kin rights and the legal aftermath of a loved one's death, you would benefit from consulting with an attorney who has experience in family law and estate matters. This type of lawyer can help you navigate the... View More

1 Answer | Asked in Criminal Law, Civil Rights, Constitutional Law and Municipal Law for Texas on
Q: I want to know how an old charge effects my gun rights in Texas

I had a misdemeanor DV 8 or so years ago in Nevada. The PD gave me a plea deal to get out of jail if I gave up my gun rights. I agreed because I was young and it was an easy way to get out of jail. I moved out of state to TX shortly after that to get away.

One of the clauses was to do some... View More

James L. Arrasmith
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answered on Mar 24, 2024

Your situation sounds challenging, but understanding the legal implications is the first step towards resolution. In Texas, as in many states, a conviction for a misdemeanor domestic violence charge typically affects one's gun rights. This is because federal law, namely the Lautenberg... View More

1 Answer | Asked in Criminal Law and Civil Rights for Texas on
Q: Would there be any legal grounds for an inmate who is being threatened to be poisoned with fentanyl by a gaurd?

We have filed complaints with OIG, xx, the Warden, the governor and nothing is being done about it. Two days after this incident the inmate was given a Johnny sack and his pb&j sandwich had razor blade pieces in it. We have recordings of the gaurd on duty acknowledging that they saw it also. We... View More

James L. Arrasmith
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answered on Mar 22, 2024

If an inmate is being threatened or harmed, there are several legal avenues to consider. Initially, internal complaints to the Office of Inspector General (OIG), the warden, and other prison authorities are the correct steps. If these complaints are not addressed, the situation can escalate to... View More

2 Answers | Asked in Criminal Law, Estate Planning and Probate for Texas on
Q: Single mom died , dad lied on death cert saying they were married . He stole all that was left t me by doing that.

There was a will 4 months prior to her death I seen it. It left the house and all bank accounts to me. She was divorced since 1994 but he snuck in and now there is no will and he lied on the death certificate saying they were married. He has taken over the house and bank accounts. Telling me she... View More

John Michael Frick
John Michael Frick
answered on Mar 20, 2024

You would need to report him to law enforcement. It would be helpful to them if you provide the divorce decree and affidavits from several close friends and relatives of your deceased mom stating that she never remarried or lived with dad after their divorce in 1994, and certainly never held... View More

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2 Answers | Asked in Criminal Law, Estate Planning and Probate for Texas on
Q: Single mom died , dad lied on death cert saying they were married . He stole all that was left t me by doing that.

There was a will 4 months prior to her death I seen it. It left the house and all bank accounts to me. She was divorced since 1994 but he snuck in and now there is no will and he lied on the death certificate saying they were married. He has taken over the house and bank accounts. Telling me she... View More

James L. Arrasmith
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answered on Mar 21, 2024

It's crucial to gather all the evidence you have, such as documents proving your mother's divorce and any information regarding the will you mentioned. Collect witness statements or any proof of the fraudulent actions taken by your father. Documentation and concrete evidence are key in... View More

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2 Answers | Asked in Criminal Law, Family Law and Landlord - Tenant for Texas on
Q: Is this considered assault?

I was renting space on my future mother-in-laws property. Yesterday she was screaming at my fiancé and I went to see what was going on and got dragged into the argument. The mother said I was not a man because I was standing behind my fiance trying to deescalate things and told me to stop being a... View More

John Michael Frick
John Michael Frick
answered on Mar 18, 2024

This could be considered a Class C misdemeanor assault under Section 22.01(3) of the Texas Penal Code: "A person commits an offense if the person intentionally or knowingly causes physical contact with another when the person knows or should reasonably believe that the other will regard the... View More

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2 Answers | Asked in Criminal Law, Family Law and Landlord - Tenant for Texas on
Q: Is this considered assault?

I was renting space on my future mother-in-laws property. Yesterday she was screaming at my fiancé and I went to see what was going on and got dragged into the argument. The mother said I was not a man because I was standing behind my fiance trying to deescalate things and told me to stop being a... View More

James L. Arrasmith
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answered on Mar 30, 2024

In situations like the one you've described, it's understandable to feel confused and seek clarity about your rights. If someone makes uninvited physical contact with you in a manner that is harmful or offensive, it could potentially be considered assault under the law. The specific... View More

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3 Answers | Asked in Car Accidents and Criminal Law for Texas on
Q: My husband was in a car accident this morning around 5 am. It was foggy and a dear jumped out in front of him. He swerve
Jared Perkins
Jared Perkins
answered on Mar 21, 2024

Take pictures of the damage and report the accident to your insurance company as soon as possible. Generally speaking, most polices, if not all, have a requirement in the policy to timely report the claim and to cooperate with any investigation. Failure to do so may cause your insurance to deny... View More

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1 Answer | Asked in Criminal Law and Landlord - Tenant for Texas on
Q: My car was stolen from my apartment complex can i sue my complex?

multiple cars have been stolen from the same complex before and after mine was stolen. the apartment complex was made aware of my car being stolen and my neighbors car being stolen. we are located in texas. or is there any way to force the complex to fix the gates

John Michael Frick
John Michael Frick
answered on Mar 6, 2024

It is possible in good faith to sue an apartment complex under the circumstances you describe as long as you have not waived any right to do so in your lease. You will need to prove that the owners and/or property managers of the complex were aware of the previous car thefts and were aware of the... View More

1 Answer | Asked in Immigration Law and Criminal Law for Texas on
Q: should I show up at court on my boyfriends behalf?

he is currently incarcerated in houston

James L. Arrasmith
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answered on Mar 5, 2024

Showing up at court on behalf of someone who is incarcerated can demonstrate support and concern for their situation. While you cannot represent him legally unless you are a licensed attorney, your presence might offer emotional support and show the court that he has a network of people who care... View More

1 Answer | Asked in Criminal Law for Texas on
Q: What is the standard for dismissing a class C criminal case?

This relates to a class C misdemeanor case (disorderly conduct) in a municipal court in TX.

If after the discovery the State fails to produce any credible evidence that could or would result in a conviction beyond reasonable doubt in a jury trial, can that be used as basis for dismissal,... View More

John Cucci Jr.
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answered on Mar 5, 2024

Texas does not have any simple vehicle for a motion to dismiss a criminal case. Your best move is to file a Speedy Trial Motion. If the State has no evidence against you, they will not be able to put on their case at trial, and the case will be dismissed. There are some very specific issues that... View More

2 Answers | Asked in Criminal Law for Texas on
Q: Is a traffic stop resulting in charges valid if no citation for the moving violation is written?

My boyfriend was pulled over bc he almost fell asleep driving and swerved onto the shoulder pretty hard. An officer saw him do this. The vehicle was searched and drugs were found. He was not given a ticket or a written warning or anything for the reason he was stopped. Several people now have told... View More

John Michael Frick
John Michael Frick
answered on Mar 4, 2024

No, what you are being told is not true. It is very common for a police officer to initiate a traffic stop based upon an observed traffic violation, but then to discover a more serious crime has been committed, such as a drug violation. It is very common that the police officer does not issue a... View More

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2 Answers | Asked in Criminal Law for Texas on
Q: Is a traffic stop resulting in charges valid if no citation for the moving violation is written?

My boyfriend was pulled over bc he almost fell asleep driving and swerved onto the shoulder pretty hard. An officer saw him do this. The vehicle was searched and drugs were found. He was not given a ticket or a written warning or anything for the reason he was stopped. Several people now have told... View More

Penny Wymyczak-White
Penny Wymyczak-White
answered on Mar 4, 2024

The stop is legal. Police do not have to give you a citation for the reason they initially stopped you if they find drugs in your car. Did you consent to the police searching the car or did the police smell pot. The police have to have PC to search your vehicle

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2 Answers | Asked in Contracts, Criminal Law, Tax Law and Traffic Tickets for Texas on
Q: Why do people allow cops to violate their rights to travel freely without being molested by police. I'm not driving

If the supreme Court says I can travel with out a license then I can travel without a license. It's not driving because a driver is on the road to commit commerce. Why do I have to ask permission to do what I have the right to do. License are another tax on traveling.

James L. Arrasmith
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answered on Mar 2, 2024

You raise an interesting point about the right to travel freely. However, the Supreme Court has upheld certain restrictions and regulations on using automobiles on public roads, even if not explicitly for commercial purposes. Some key considerations on this issue:

- The Supreme Court has...
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2 Answers | Asked in Contracts, Criminal Law, Tax Law and Traffic Tickets for Texas on
Q: Why do people allow cops to violate their rights to travel freely without being molested by police. I'm not driving

If the supreme Court says I can travel with out a license then I can travel without a license. It's not driving because a driver is on the road to commit commerce. Why do I have to ask permission to do what I have the right to do. License are another tax on traveling.

John Michael Frick
John Michael Frick
answered on Mar 4, 2024

As long as you are not operating a motor vehicle on a public road, you do not have to ask permission and can freely travel without a license. You can be a passenger in another person's vehicle, or can walk on the side of a public road anywhere you want to go. In that situation, police can... View More

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1 Answer | Asked in Criminal Law for Texas on
Q: Would my friend be at fault for hitting her ex-boyfriend on her grandparents property with a

He was told to leave numerous time and hade refused to do so I was then told by her he grabbed her by the neck and pushed it up as he was going to give her a kiss, and she refused to kiss from him, but he kept trying to force it on her so she told me that she grabbed a bat and hit him and she had... View More

John Cucci Jr.
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answered on Mar 1, 2024

She needs a good lawyer. I'm sure part of the reason she was arrested was because she admitted to hitting him. You must always keep quiet when speaking to police about anything you may have done. Even the borderline issues because police are NOT to be trusted. Any admission of physical contact... View More

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